By Aaron Blake, The Washington PostA police officer stands near the security gate at the Supreme Court in Washington on Monday. that former president Donald Trump and other presidents enjoy a significant degree of immunity for actions taken as president, in a decision that could reverberate not just in Trump’s criminal cases but also for future presidents.
- It ruled that he is presumed immune from prosecution for pressuring then-Vice President Mike Pence to overturn the election on Jan. 6, 2021, because Trump’s acts “involve official conduct.” It said the burden is on the government to prove that prosecuting Trump for this wouldn’t “pose any dangers of intrusion on the authority and functions of the Executive Branch.”
She added: “To make sense of charges alleging a quid pro quo, the jury must be allowed to hear about both the quid and the quo, even if the quo, standing alone, could not be a basis for the President’s criminal liability.”While Trump can still technically be prosecuted, the decision will lead to plenty of uncertainty and - most crucially for the 2024 election - probably delay matters even further. Trump wasn’t expected to face trial before the election; this reduces whatever chance existed.
It’s tempting to view this decision in the context of Trump’s trials, because that’s the immediate concern. But it will also have far-reaching implications for future presidents, including for a potential second Trump term. Sotomayor added: “The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.”
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